This Notice of Lien Rights form is for use by a contractor to provide notice to an owner of residential property that the contractor is about to begin improving the owner's residential property according to the terms and conditions of a contract, and that a right to file a lien against the owner's property and improvements is granted to every contractor, subcontractor, architect, engineer, surveyor, mechanic, cart-man, truckman,
workman, laborer, or furnisher of material, machinery or fixtures, who performs work or furnishes material for the improvement or repair of the owner's property, for the payment in principal and interest of such work or labor performed, or the materials, machinery or fixtures furnished, and for the cost of recording such privilege. Further, the notice provides that the owner shall be liable to subcontractors, materialmen, suppliers or laborers for any unpaid amounts due them pursuant to their timely filed claims to the same extent as is the designated contractor when a contract is unwritten and/or unrecorded, or a bond is not required or is insufficient or unrecorded, or the surety is not proper or solvent. The lien rights granted in the notice can be enforced against the owner's property even though the contractor has been paid in full if the contractor has not paid the persons who furnished the labor or materials for the improvement. The owner may require a written contract, to be recorded, and a bond with sufficient surety to be furnished and recorded by the contractor in an amount sufficient to cover the cost of improvements, thereby relieving the owner, and his or her property, of liability for any unpaid sums remaining due and owing after completion to subcontractors, journeymen, cartmen, workmen, laborers, mechanics, furnishers of material or any other persons furnishing labor, skill, or material on the work who record and serve their claims in accordance with the requirements of law.
Louisiana Notice of Lien Rights - Individual
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FAQ
The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.
Who you are. The services or materials you provided. The last date you provided the services or materials. How much payment should be. The date on which you will file a lien if you do not receive payment. How the debtor should pay.
If you're claiming a lien on real property, it must be filed in the recorder's office of the county where the property is located. Expect to pay a filing fee between $25 and $50 depending on the location where you file.
How Liens Work. A lien provides a creditor with the legal right to seize and sell the collateral property or asset of a borrower who fails to meet the obligations of a loan or contract. The property that is the subject of a lien cannot be sold by the owner without the consent of the lien holder.
A judgment lien in Louisiana will remain attached to the debtor's property (even if the property changes hands) for ten years.
If the Notice of Contract is filed, a contractor has 60 days from the filing of a Notice of Acceptance to file a Louisiana mechanics lien. If no Notice of Contract has been filed, a contractor has 60 days from completion on the project to file a Louisiana mechanics lien if the contract amount is less than $25,000.
Complete the Louisiana Statement of Claim and Privilege form. Record the claim form with the recorder of mortgages office in the parish where the property is located. Serve notice of the lien claim to the property owner.